DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 6636-02
24 February 2003
This is in reference to your application for correction of your naval
record pursuant to the provisions of title 10 of the United States
Code, section 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 13
February 2003. Your allegations of error and injustice were reviewed
in accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary material
considered by the Board consisted of your application, together with
all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
The Board found that you fractured both bones in your forearm on 14
June 1981. On 11 February 1982, upon your completion of treatment,
convalescence and a period of limited duty, a medical board found you
fit for full duty. You were honorably discharged from the Navy on 22
February 1982, based on your extensive disciplinary record and
substandard performance of duty. On 29 April 1997, the Department of
Veterans Affairs, after resolving doubt in your favor, awarded you a
10% rating for the mild residuals of the aforementioned fractures.
The fact that you have received a disability rating from the VA is not
considered probative of the existence of error in your Navy record,
because the VA assigns ratings without regard to the issue of fitness
for military duty. As you have not demonstrated that you were unfit at
the time of your discharge, the Board was unable to recommend any
corrective action in your case. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
It is regretted that the circumstances of your case are such that favorable
action cannot be taken. You are entitled to have the Board reconsider its
decision upon submission of new and material evidence or other matter not
previously considered by the Board. In this regard, it is important to keep
in mind that a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval record,
the burden is on the applicant to demonstrate the existence of probable
material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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